House of Representatives

Explanatory Memorandum

(Circulated by the authority of the Attorney-General, the Honourable Philip Ruddock MP)

Notes on items

Clause 1 - Short title

It is proposed that the short title of the Act will be the Anti-terrorism Act 2004.

Clause 2 - Commencement

The Act will commence on the day after the day it receives Royal Assent. This is necessary due to the current status of the security environment. It would be most unfortunate if legislative improvements already identified by the Parliament could not be used in a situation where an incident occurred between Royal Assent and a later commencement date.

Clause 3 - Schedule(s)

This clause provides that the Acts specified in Schedule 1 to the Bill (Crimes Act 1914, Crimes (Foreign Incursions and Recruitment) Act 1978, Criminal Code Act 1995 and Proceeds of Crime Act 2002) are amended as set out in each case.

Clause 4 - Application of amendments

Subclause 4(1) applies the amendments to the Proceeds of Crime Act 2002 contained in this Act to any applications made under the Proceeds of Crime Act after the commencement of this clause, including an application in relation to: conduct that occurred before the commencement of this Act, proceeds derived or realised before the commencement of this Act, or literary proceeds derived or transferred to Australia before the commencement of this Act.

Subclause 4(2) provides that the proposed new ministerial certificate provision in item 17 of Schedule 1 will not apply to proceedings for offences alleged to have been committed before the commencement of this Act.